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Abstract

One of the cardinal principles of criminal law is actus non facitreus, nisi mens sit rea i.e. the act itself does not make a man guilty, unless his intentions are so. In certain circumstances, the acts of person are exempted from criminal liability due to presence of some excuse. These circumstances are called as excusable defences. This article discusses the reasons and the circumstances in which, exemptions are allowed for availing of excusable defences. It explains different excusable defences in light of Indian Criminal Justice System and Common Law System. It compares the working of such defences for given two systems in light of relevant case law. Ultimately, the paper posits the points of comparison between the Indian law and Common law for applicability of excusable defences.

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